Action measures and outcomes

Specific measures to promote equality and good relations for the relevant Section 75 equality and good relations categories, linked to achievable outcomes, which should be realistic and timely.

Action plan

A plan that sets out the actions a public authority will take to implement its Section 75 statutory duties. It is a mechanism for the realisation of measures to achieve equality outcomes for the Section 75 equality and good relations categories.

Adverse impact

Where a Section 75 category has been affected differently by a policy and the effect is less favourable. If a policy has an adverse impact on a Section 75 category, a public authority must consider whether or not the adverse impact is unlawfully discriminatory. In either case a public authority must take measures to redress the adverse impact, by considering mitigating measures and/or alternative ways of delivering the policy.

Affirmative action

In general terms, affirmative action can be defined as being anything consistent with the legislation that is necessary to bring about positive change. It is a phrase used in the Fair Employment and Treatment (NI) Order 1998 to describe lawful action that is aimed at promoting equality of opportunity and fair participation in employment between members of the Protestant and Roman Catholic communities in Northern Ireland.

Article 55 Reviews

Under the Fair Employment and Treatment (NI) Order 1998, all registered employers must conduct periodic reviews of the composition of their workforces and of their employment practices for the purposes of determining whether members of the Protestant and Roman Catholic communities are enjoying, and are likely to continue to enjoy, fair participation in employment in each employer‟s concern.

These reviews, which are commonly known as Article 55 Reviews, must be conducted at least once every three years.

Audit of inequalities

An audit of inequalities is a systematic review and analysis of inequalities that exist for service users and those affected by a public authority‟s policies. An audit can be used by a public authority to inform its work in relation to the Section 75 equality and good relations duties. It can also enable public authorities to assess progress on the implementation of the Section 75 statutory duties, as it provides baseline information on existing inequalities relevant to a public authority‟s functions.

Consultation

In the context of Section 75, consultation is the process of asking those affected by a policy (for example, service users, staff, the general public) for their views on how the policy could be implemented more effectively to promote equality of opportunity across the nine categories. Different circumstances will call for different types of consultation. Consultations could, for example, include meetings, focus groups, surveys and questionnaires.

Desk audit

An audit of a draft equality scheme to ensure that the scheme conforms to the requirements on form and content as detailed in the Equality Commission‟s guidelines.

Differential impact

Differential impact occurs where a Section 75 group has been affected differently by a policy. This effect could be positive, neutral or negative. A public authority must make a judgement as to whether a policy has a differential impact, and then it must determine whether the impact is adverse, based on a systematic appraisal of the accumulated information.

Discrimination

The anti-discrimination laws prohibit the following forms of discrimination:

• Direct discrimination
• Indirect discrimination
• Disability
• Victimisation
• Harassment

Direct discrimination

This generally occurs where a public authority treats a person less favourably than it treats (or would treat) another person, in the same or similar circumstances, on one or more of the statutory non-discrimination grounds. A decision or action that is directly discriminatory will normally be unlawful unless:

1. In an age discrimination case, the decision can be objectively justified
2. In any other case, the public authority can rely on a statutory exception that permits it, such as a genuine occupational requirement exception or a positive action exception, which permits an employer to use “welcoming statements” or to take other lawful positive action to encourage participation by under-represented or otherwise disadvantaged groups.

Indirect discrimination

The definition of this term varies across some of the anti-discrimination laws, but indirect discrimination generally occurs where a public authority applies to all persons a particular provision, criterion or practice, but it has the effect of placing people who share a particular equality characteristic (for example, the same sex, religious belief or race) at a particular disadvantage compared with other people. A provision, criterion or practice that is indirectly discriminatory will normally be unlawful unless: (a) it can be objectively justified, or (b) the public authority can rely on a statutory exception that permits it.

Disability discrimination

In addition to direct discrimination, indirect discrimination victimisation and harassment, discrimination against disabled people may also occur in two other ways:

1. Disability-related discrimination This generally occurs where a public authority, without lawful justification and for a reason that relates to a disabled person‟s disability, treats that person less favourably than it treats (or would treat) other people to whom that reason does not (or would not) apply.
2. Failure to comply with a duty to make reasonable adjustments One of the most notable features of the disability discrimination legislation is that in prescribed circumstances it imposes a duty on relevent employers, service providers and public authorities to take such steps as are reasonable to remove or reduce particular disadvantages experienced by disabled people in those circumstances.

Victimisation

This form of discrimination generally occurs where a public authority treats a person less favourably than it treats (or would treat) another person, in the same or similar circumstances, because the person has previously exercised his/her rights under the anti-discrimination laws, or has assisted another person to do so. Victimisation cannot be justified and is always unlawful.

Harassment

Harassment generally occurs where a person is subjected to unwanted conduct that is related to a non-discrimination ground with the purpose, or which has the effect, of violating his/her dignity or creating for that person an intimidating, hostile, degrading, humiliating or offensive environment. Harassment cannot be justified and is always unlawful.

Economic appraisal

An economic appraisal is a systematic process for examining alternative uses of resources, focusing on the assessment of needs, objectives, options, costs benefits, risks, funding and affordability, and other factors relevant to decisions.

Equality impact assessment

The mechanism underpinning Section 75, where existing and proposed policies are assessed in order to determine whether they have an adverse impact on equality of opportunity for the relevant Section 75 categories. EQIAs require the analysis of both quantitative and qualitative data.

Equality of opportunity

The prevention, elimination or regulation of discrimination between people on grounds of characteristics including sex, marital status, age, disability, religious belief, political opinion, dependants, race and sexual orientation.

The promotion of equality of opportunity entails more than the elimination of discrimination. It requires proactive measures to be taken to secure equality of opportunity between the Section 75 categories.

Equality scheme

A document that outlines a public authority‟s arrangements for complying with its Section 75 obligations. An equality scheme must include an outline of the public authority‟s arrangements for carrying out consultations, screening, EQIAs, monitoring, training and arrangements for ensuring access to information and services.

Good relations

Although not defined in the legislation, the Equality Commission has agreed the following working definition of good relations: “the growth of relations and structures for Northern Ireland that acknowledge the religious, political and racial context of this society, and that seek to promote respect, equity and trust, and embrace diversity in all its forms.”

Mainstreaming equality

The integration of equal opportunities principles, strategies and practices into the everyday work of public authorities from the outset. In other words, mainstreaming is the process of ensuring that equality considerations are built into the policy development process from the beginning, rather than being bolted on at the end. Mainstreaming can help improve methods of working by increasing a public authority‟s accountability, responsiveness to need and relations with the public. It can bring added value at many levels.

Mitigation of adverse impact

Where an EQIA reveals that a particular policy has an adverse impact on equality of opportunity, a public authority must consider ways of delivering the policy outcomes which have a less adverse effect on the relevant Section 75 categories.

Monitoring

Monitoring consists of continuously scrutinising and evaluating a policy to assess its impact on the Section 75 categories. Monitoring must be sensitive to the issues associated with human rights and privacy. Public authorities should seek advice from consultees and Section 75 representative groups when setting up monitoring systems.

Monitoring consists of the collection of relevant information and the evaluation of policies. It is not solely about the collection of data, it can also take the form of regular meetings and reporting of research undertaken. Monitoring is not an end in itself but provides the data for the next cycle of policy screening.

Northern Ireland Act 1998

The Act, implementing the Good Friday Agreement, received Royal Assent on 19th November 1998. Section 75 of the Act created the statutory equality duties.

Northern Ireland Human Rights Commission

A statutory body established under Section 68 of the Act, which works to ensure that the human rights of everyone in Northern Ireland are fully protected in law, policy and practice.

Northern Ireland Statistics and Research Agency

The Northern Ireland Statistics and Research Agency (NISRA) is an executive agency within the Department of Finance and Personnel (DFP).

It provides statistical and research information regarding Northern Ireland issues, and it provides registration services to the public in the most effective and efficient way.

Office of the First Minister and Deputy First Minister

The Office of the First Minister and Deputy First Minister (OFMDFM) is responsible for providing advice, guidance, challenge and support on Section 75 issues to other Northern Ireland Civil Service departments.

Policy

The formal and informal decisions a public authority makes in relation to carrying out its duties. Defined in the New Oxford English Dictionary as: “a course or principle of action adopted or proposed by a government party, business or individual”. In the context of Section 75, the term “policies” covers all the ways in which a public authority carries out or proposes to carry out its functions relating to Northern Ireland. Policies include unwritten as well as written policies.

Positive action

This phrase is not defined in any statute, but the Equality Commission understands it to mean any lawful action that a public authority might take for the purpose of promoting equality of opportunity for all persons in relation to employment or in accessing goods, facilities or services (such as health services, housing, education, justice, policing). It may involve adopting new policies, practices or procedures, or changing or abandoning old ones. Positive action is not the same as positive discrimination.

Positive discrimination differs from positive action in that positive action involves the taking of lawful actions whereas positive discrimination involves the taking of unlawful actions. Consequently, positive action is, by definition, lawful whereas positive discrimination is unlawful.

Qualitative data

Qualitative data refers to the experiences of individuals from their perspective, most often with less emphasis on numbers or statistical analysis. Consultations are more likely to yield qualitative rather than quantitative data.

Quantitative data

Quantitative data refers to numbers, typically derived from either a population in general or samples of that population. This information is often analysed by either using descriptive statistics, which consider general profiles, distributions and trends in the data, or inferential statistics, which are used to determine “significance” either in relationships or differences in the data.

Screening

The procedure for identifying which policies will be subject to EQIA, and how these EQIAs will be prioritised. The purpose of screening is to identify the policies that are likely to have a minor/major impact on equality of opportunity so that the greatest resources can be devoted to improving these policies. Screening requires a systematic review of existing and proposed policies.

Screening template

A document that allows the screening results to be recorded.

Schedule 9

Schedule 9 of the Act sets out detailed provisions for the enforcement of the Section 75 statutory duties, including an outline of what should be included in an equality scheme.

Section 75

Section 75 of the Act provides that each public authority is required, in carrying out its functions relating to Northern Ireland, to have due regard to the need to promote equality of opportunity between:

• Persons of different religious belief, political opinion, racial group, age, marital status and sexual orientation
• Men and women generally
• Persons with a disability and persons without
• Persons with dependants and persons without.

Without prejudice to these obligations, each public authority in carrying out its functions relating to Northern Ireland must also have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.

Section 75 investigation

An investigation carried out by the Equality Commission, under Schedule 9 of the Act, arising from the failure of a public authority to comply with the commitments set out in its approved equality scheme.

There are two types of Equality Commission investigation:

1. An investigation of a complaint made by an individual, who claims to have been directly affected by the failure of a public authority to comply with its approved equality scheme
2. An investigation initiated by the Equality Commission, where it believes that a public authority may have failed to comply with its approved equality scheme.